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Majoritarian StateHow Hindu Nationalism is Changing India$
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Angana P. Chatterji, Thomas Blom Hansen, and Christophe Jaffrelot

Print publication date: 2019

Print ISBN-13: 9780190078171

Published to Oxford Scholarship Online: February 2020

DOI: 10.1093/oso/9780190078171.001.0001

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‘Belief’ in the Rule of Law and the Hindu Nation and the Rule of Law

‘Belief’ in the Rule of Law and the Hindu Nation and the Rule of Law

(p.353) 19 ‘Belief’ in the Rule of Law and the Hindu Nation and the Rule of Law
Majoritarian State

Ratna Kapur

Oxford University Press

Ratna Kapur illustrates how the Indian judiciary, through mobilizing a politics of ‘belief,’ has endorsed the identity of the Indian state as a Hindu nation through the discourse of rights and has underscored such practice through the constructed opposition between Islam and gender equality in the advocacy of the Hindu Right. The article analyses the role of religion in the constitutional discourse of secularism in India and how this has been used as a technique to establish and reinforce Hindu majoritarianism. The article focuses on the relationship between secularism, equality, and religion in law, which is pivotal to the Hindu Right’s project of constructing the Indian Nation as Hindu. Kapur notes that the judiciary has played a central role in legitimizing the Hindutva project, and that this project has gained traction in the legal arena to reshape the meaning of equality, gender equality, and religious freedom.

Keywords:   Hindu Majoritarianism, Rights Discourse, Uniform Civil Code, Islam And Gender, Judiciary, India

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